UNITED STATES BANKRUPTCY COURT. Northern District of California. San Jose Division

Transcription

1 Eric Goldberg (#) 000 Avenue of the Stars Suite 00 North Tower Los Angeles, California 00-0 Tel:..0 Fax:.. Attorneys for JLL Consultants, Inc. as Creditors Representative for the Unsecured Creditors of Mi Pueblo San Jose, Inc In re MI PUEBLO SAN JOSE, INC., Debtor. UNITED STATES BANKRUPTCY COURT Northern District of California San Jose Division Case No. 1--SLJ CHAPTER TO ALL THE CLAIMANTS LISTED BELOW: Name of Creditor Claim # Arctic Glacier USA 1 Azteca Milling Gramic Enterprises 0 Mission Foods Mission Foods Vincent Alvarado Aramark Uniform & 1 Career Apparel NOTICE OF (A) CREDITORS REPRESENTATIVE S FIRST OMNIBUS OBJECTION TO AMENDED CLAIMS; AND (B) OPPORTUNITY TO REQUEST HEARING THEREON [No Hearing Unless Requested] Case No. 1--SLJ -1- WEST\01. Case: 1- Doc# Filed: 0/0/ Entered: 0/0/ :0: Page 1 of

2 PLEASE TAKE NOTICE that the Creditors Representative for the Unsecured Creditors of Mi Pueblo San Jose, Inc. ( Creditors Representative ) has objected to the allowance of the amended proofs of claim listed above ( Claims ). The Creditors Representative objects to the Claims pursuant to Bankruptcy Code 0(b)(1), on the grounds that each of the Claims has been superseded by an amended proof of claim. This Objection is based on the Memorandum of Points and Authorities in Support of Creditors Representative s First Omnibus Objection to Amended Claims (Set #1) filed contemporaneously herewith; the Declaration of Jason Crockett filed in support of the Objection ( Crockett Declaration ); the documents attached to the Crockett Declaration; the record in this case; and any other evidence that may be presented to the Court. PLEASE TAKE FURTHER NOTICE that if this Objection is sustained, your claim may be disallowed in its entirety. Accordingly, you should review this Objection and related documents carefully and discuss them with your attorney, if you have one. If you do not want the Court to eliminate or reduce your claim, then you or your attorney must comply with the procedures set forth below with regard to filing an opposition and requesting a hearing. PLEASE TAKE FURTHER NOTICE that, pursuant to Bankruptcy Local Rule 0-1(b)(), any opposition to or request for hearing on this Objection must be filed with Court (which is located at 0 South First Street, Room 0, San Jose, CA - 0) and served upon counsel to the Creditors Representative (at the address set forth above) so that it is received within twenty (0) days of the date of this Notice. Any opposition or request for hearing must be accompanied by any declarations or memoranda of law that the opposing or requesting party wishes to present in support of its position. If an opposition or request for hearing is timely filed and served, the Creditors Representative will set the matter for hearing, and will provide at least ten () days written notice of the hearing to the opposing or requesting party. If there is no timely opposition or request for hearing, the Court may decide that you do not oppose this Objection to your claim, and may grant the relief requested by default. Case No. 1--SLJ -- WEST\01. Case: 1- Doc# Filed: 0/0/ Entered: 0/0/ :0: Page of

3 PLEASE TAKE FURTHER NOTICE that, pursuant to Bankruptcy Local Rule 00-1, where a factual dispute is involved, the initial hearing (if any) shall be deemed a status conference at which the Court will not receive evidence. Where only a matter of law is involved, the matter may be argued, and decided, at the initial hearing Dated: August, 0 /s/ Eric Goldberg ERIC GOLDBERG ATTORNEYS FOR JLL CONSULTANTS, INC. IN ITS CAPACITY AS CREDITORS REPRESENTATIVE FOR THE UNSECURED CREDITORS OF MI PUEBLO SAN JOSE, INC. Case No. 1--SLJ -- WEST\01. Case: 1- Doc# Filed: 0/0/ Entered: 0/0/ :0: Page of

4 STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) PROOF OF SERVICE 1--SLJ I am employed in the County of Los Angeles, State of California. I am over the age of and not a party to the within action. My business address is 000 Avenue of the Stars, Suite 00 North Tower, Los Angeles, California 001. On August, 0, I caused the foregoing document(s) described as NOTICE OF (A) CREDITORS REPRESENTATIVE S FIRST OMNIBUS OBJECTION TO AMENDED CLAIMS; AND (B) OPPORTUNITY TO REQUEST HEARING THEREON to be served on the interested parties in this action as follows: SEE ATTACHED SERVICE LIST X VIA U.S. MAIL By placing a true copy of the above document in a sealed envelope with postage thereon fully prepaid, placed for collection and mailing on this date, following ordinary business practices in the United States mail X VIA OVERNIGHT DELIVERY SERVICE (AS TO THE HON. STEVEN L. JOHNSON ONLY) Following ordinary business practices, I placed the document for collection and overnight delivery at my business address listed above, in a sealed envelope or package designated by the express service carrier, delivery fees fully paid or fully provided for, addressed to the person(s) indicated above, at the address I am informed and believe is the current address for such person(s). I am readily familiar with the business s practice for collection and processing of correspondence for overnight delivery. In the ordinary course of business, such correspondence is deposited in a box or other facility regularly or delivered to an authorized courier or driver authorized, on the day on which it is placed for collection and overnight delivery at the business X FEDERAL I declare under penalty of perjury under the laws of the United States of America that the above is true and correct. Executed on August, 0, at Los Angeles, California. /s/ Ellen Reiner Ellen Reiner Case No.: 1--SLJ WEST\0.1 1 Case: 1- Doc# -1 Filed: 0/0/ Entered: 0/0/ :0: Page 1 of

5 SERVICE LIST 1--SLJ Attorneys for Debtors MI PUEBLO SAN JOSE, INC Michael C. Abel McNutt Law Group, LLP th St. San Francisco, CA Julie M. Glosson Office of the United States Trustee Pine St. #00 San Francisco, CA Hon. Steven L. Johnson c/o Tanya Bracegirdle USBC, Northern District of California 0 South First Street, Room 0 San Jose, California -0 John S. Wesolowski Office of the United States Trustee 0 S 1st St. # San Jose, CA -000 Mission Foods 1 Cottonwood Lane, Suite 0 Irving, TX 0 Barbara Lee, Credit and Collections Azteca Milling, L.P. 1 Cottonwood Lane, Suite 0 Irving, TX 0 Attn: Elsamaria Garza Mission Foods 1 Cottonwood Lane, Suite 0 Irving, TX 0 Barbara Lee, Credit and Collections Gramic Enterprises Inc. 0 N. Van Buren St # 1 Anaheim, CA 0 Attn: Grace Sy, Corp. Secretary Artic Glacier U.S.A. Marthaler Lane West St. Paul, MN 1 Attn: Darren Kichak, Credit Manager Vincent R. Alvarado 0 Angus Dr. Cedar Park, TX 1 Aramark Uniform & Career Apparel, LLC fkn Aramark Uniform & Career Apparel, Inc. c/o Sheila R. Schwager Hawley Troxell Ennis & Hawley LLP P.O. Box Boise, ID 01 Case No.: 1--SLJ WEST\0.1 Case: 1- Doc# -1 Filed: 0/0/ Entered: 0/0/ :0: Page of